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child benefit confusion

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sham3535
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child benefit confusion

Post by sham3535 » Sun Jul 31, 2011 8:26 am

hi john i would really like your help as i am very stress at the moment.i am on a work permit for 3years and from mauritius. i just had a baby and i have been advised that i am entitled to child benefit which i applied. i received the money 2 weeks ago. but when i rang the home office they said i am not allowed to have this money.i am very confused as i have seen that mauritius has an agreement with uk and that i am entitle to get cb.secondly i am travelling in september with the baby.i am going to the home office on tuesday to apply for my baby dependant visa.i am very scared that my baby will not get a visa and that my leave will be cancelled.also i was told that i will not get ilr because of this child benefit as well.can you please help me asap on this matter.it is very confusing some people advise to apply and some not.

John
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Post by John » Sun Jul 31, 2011 9:27 am

If you go to this topic and then click on the link in the opening post, then go to page 52 of 56, you will see that that UKBA document confirms there is a Double Social Security agreement between the UK and Mauritius, and that claims for Child Benefit are totally OK for you.

So as regards :-
but when i rang the home office they said i am not allowed to have this money
-: all I can say is .... clearly more staff training needed.
John

sham3535
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Joined: Sun Jul 31, 2011 7:05 am

child benefit

Post by sham3535 » Sun Jul 31, 2011 9:34 am

this is why i am confused john i rang both h m revenue and homeoffice and they say that i am not entitled.my question is what if they refuse my baby's leave and cancel my work permit due to receiving the child benefit.i cannot afford to loose out on my work permit as i have worked very hard to get it.

John
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Post by John » Sun Jul 31, 2011 9:53 am

When you go along to the PEO on Tuesday I suggest that you go with a printout of pages 1 (the front cover), 52 and 53 of the document I refer to above. It is very clear that you are entitled to claim Child Benefit.

There is no reason why your child should not be granted a dependent visa.
John

sham3535
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Joined: Sun Jul 31, 2011 7:05 am

child benefit

Post by sham3535 » Sun Jul 31, 2011 10:48 am

yes john thats what i am going to do on tuesday ill print them and go.but still i had friends from mauriitus that got their leave cancelled because of that and they had to return all the money as well as their name was blacklisted. what about my indefinite leave to remain will this child benefit have any effect on that?

John
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Post by John » Sun Jul 31, 2011 10:54 am

i had friends from mauriitus that got their leave cancelled because of that and they had to return all the money as well as their name was blacklisted.
Amazing! I just can't understand why that could possibly happen.
John

sham3535
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Post by sham3535 » Sun Jul 31, 2011 12:23 pm

John the problem is that when you phone the department concern they are very rude and do not want to listen to you as long as your passport has 'no recourse to public funds'.i am unsure of what to do about receiving the child benefit it is so confusing. the staff at the homeoffice does not have a clue on the social agreement between the uk and mauritius.so what will happen if my work permit is cancelled and my baby does not get his visa.the worry is that i have already bought a ticket to go back home in september and worse it is a non ref one.

John
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Post by John » Sun Jul 31, 2011 1:50 pm

You are going to the PEO with a copy of the relevant part of a document issued by UKBA, a document that actually correctly states the situation about the Double Social Security Agreement between Mauritius and the UK.

Technically, para 6B of the Immigration Rules is in play, and thus, for you, Child Benefit is not within the definition of Public Funds.
John

sham3535
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child benefit

Post by sham3535 » Mon Aug 01, 2011 11:43 am

john what about my ilr will this be affected when i apply for it because of the child benefit.

John
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Post by John » Mon Aug 01, 2011 3:09 pm

No, because for you Child Benefit is not "Public Funds", so you are not having recourse to Public Funds!
John

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